What is a dissenting opinion also known as?

Asked by: Ada Leuschke DDS  |  Last update: April 26, 2026
Score: 4.6/5 (75 votes)

A dissenting opinion, also known as a dissent, minority opinion, or dissenting judgment, is a legal opinion written by one or more judges who disagree with the majority decision in a case, explaining their different reasoning and interpretation of the law. While not binding law, dissents preserve minority viewpoints, influence future legal thinking, and can even become law later, as seen in cases like Katz v. United States.

What is dissenting opinion in simple terms?

A dissenting opinion refers to an opinion written by an appellate judge or Supreme Court Justice who disagrees with the majority opinion in a given case. A party who writes a dissenting opinion is said to dissent.

What is the opposite of dissenting opinion?

A concurring opinion is not a dissenting opinion, because the authors and cosignatories still agree with the legal decision of the majority as it pertains to the legal ruling of the case.

What are the 4 types of Supreme Court opinions?

Definition: Written statements explaining the Supreme Court's decision in a case. Opinions fall into four types: opinions of the Court (majority opinions), judgments of the Court (plurality opinions), concurring opinions, and dissenting opinions.

What are the three types of opinions?

  • Majority Opinion. The majority opinion is an appellate opinion supporting the court's judgment (the result reached in the case) which receives a majority vote of the justices or judges hearing the case.
  • Concurring Opinion. ...
  • Dissenting Opinion. ...
  • About Appeals.

What is a dissenting opinion?

44 related questions found

What is the difference between a Supreme Court majority opinion and a dissent?

Dissents in the Supreme Court are opinions submitted by justices who disagree with the majority ruling, reflecting differing legal interpretations and philosophies.

Can the president overturn a Supreme Court decision?

No, the President cannot directly overturn a Supreme Court decision; only the Court itself (through a new ruling), the Constitution (via amendment), or new legislation by Congress can overturn a major ruling, though Presidents can try to influence future decisions by appointing new justices or challenge rulings through appeals, and historically, some have selectively enforced or ignored certain rulings, as seen with Lincoln and the Dred Scott case. 

What famous cases had strong dissents?

Famous U.S. Supreme Court cases with influential dissents include Plessy v. Ferguson (Harlan's "Our Constitution is color-blind" dissent), Dred Scott v. Sandford (Curtis's dissent), Olmstead v. United States (Brandeis's dissent on privacy), and Korematsu v. United States (Jackson's dissent against Japanese Internment), with Justices like RBG, Scalia, and Holmes also known for powerful dissents that often foreshadowed future legal shifts.
 

Who dissented in Trump v. Casa?

Justice Sonia Sotomayor filed a dissent which was joined by Justices Elena Kagan and Ketanji Brown Jackson. Sotomayor argued the government had avoided requesting a complete stay of the injunctions because doing so would require them to prove Executive Order 14160 was likely constitutional.

Can a dissenting vote change anything?

A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned.

How often do judges write dissents?

There were dis- senting opinions in 62 percent of the cases in our sample. 5 We find that majority opinions are longer when there is a dissent and that dissents are rarely cited in either the courts of appeals or the Supreme Court.

What are famous dissenting opinions?

Here is a quick look at some noteworthy dissents from the bench that are still discussed today.

  • Dred Scott v. Sandford, March 6, 1857: ...
  • Plessy v. Ferguson, May 18, 1896: ...
  • Olmstead v. United States, June 4, 1928: ...
  • Minersville School District v. ...
  • Korematsu v. ...
  • Abington School District v. ...
  • FCC v. ...
  • Lawrence v.

What words can replace dissenting?

Synonyms of dissenting (from)

  • objecting (to)
  • opposing.
  • hating.
  • frowning (on or upon)
  • disapproving (of)
  • loathing.
  • criticizing.
  • detesting.

How do you say "two faced professionally"?

Professional words for "two-faced" focus on deceit and insincerity, with top choices being duplicitous, deceitful, hypocritical, insincere, and double-dealing, all describing someone who says one thing and does another or pretends to have different feelings/beliefs, highlighting a lack of integrity in a workplace setting. 

How do you express dissent respectfully?

How can you express dissent without sounding like a troublemaker? The key is to respectfully and intelligently highlight your thoughts and opinions without letting your emotions get in the way.

What is the most ridiculous court case?

20 of the Most Ridiculous Court Cases Ever (But They Really Happened!)

  • Crocs Shrinking Lawsuit (2023) ...
  • Subway Tuna Allegation (2023) ...
  • Red Bull Failed to Give Wings (2016) ...
  • McDonald's 30-Cent Cheese Lawsuit. ...
  • Leonard v PepsiCo (1999) ...
  • Carlill v Carbolic Smoke Ball Co. ...
  • Pringles and VAT (UK)

What are examples of dissent?

Dissent examples range from formal legal disagreements in court, like a judge writing a dissenting opinion, to public protests, boycotts, or even a single person questioning authority, such as a scientist challenging a theory or a citizen speaking out against a government policy, showing disagreement with majority opinion or established doctrines in politics, religion, or science.
 

What happens when a Supreme Court judge dissents?

Dissenting opinions aren't legally binding, but they can have an extraordinary impact on the development of human rights and equality. Justice Scalia used to say that he wrote dissents for the next generation of law students, so they could shape the law into the future.

Has any President ignored a Supreme Court ruling?

Yes, presidents have ignored or defied Supreme Court rulings, most famously Andrew Jackson with the Cherokee Nation (Trail of Tears) and Abraham Lincoln by suspending habeas corpus, but this is rare and often leads to constitutional crises, with recent instances involving defiance in deportation cases under the Trump administration. Other examples include governors defying rulings on segregation (Faubus, Barnett) and FDR's stance on military tribunals, highlighting ongoing tensions between executive power and judicial authority. 

What is the President not allowed to do?

A PRESIDENT CANNOT . . .

declare war. decide how federal money will be spent. interpret laws. choose Cabinet members or Supreme Court Justices without Senate approval.

Can a US President fire a Supreme Court judge?

No, a U.S. President cannot fire a Supreme Court Justice; justices have lifetime appointments and can only be removed through the impeachment and conviction process by Congress (House impeaches, Senate convicts) for "high crimes and misdemeanors," a process designed to ensure judicial independence. 

Who writes the dissenting opinion?

After the votes have been tallied, the Chief Justice, or the most senior Justice in the majority if the Chief Justice is in the dissent, assigns a Justice in the majority to write the opinion of the Court. The most senior justice in the dissent can assign a dissenting Justice to write the dissenting opinion.

How much do Supreme Court justices make?

As of early 2025, the U.S. Supreme Court Chief Justice earns around $317,500, while Associate Justices earn about $303,600, with slight variations depending on the source and specific effective date, reflecting annual adjustments set by Congress. These figures represent significant increases over recent years, with salaries rising from the $274,200 (Associate) and $286,700 (Chief) in 2022. 

What qualifies as dissent?

A dissent refers to at least one party's disagreement with the majority opinion. An appellate judge or Supreme Court Justice who writes an opinion opposing the holding is said to write a dissenting opinion.